NZSIS responding to Inspector-General’s recommendations

The Director-General of the New
Zealand Security Intelligence Service, Rebecca Kitteridge,
has welcomed the release of the Inspector-General of
Intelligence and Security’s (IGIS) latest
report.

“NZSIS staff put significant effort into
ensuring the Inspector-General had access to all relevant
information to prepare her report, Ms Kitteridge said. “I
am pleased the Inspector-General found that no NZSIS staff
had direct involvement in any unlawful conduct.”

The
Inspector-General’s report deals with activity that took
place between 10 and 15 years ago.

“Today our activity
is governed by the Intelligence and Security Act 2017, which
sets out a clear framework for co-operation between the New
Zealand intelligence agencies and the intelligence agencies
of other countries, and for how we can support New Zealand
military engagements overseas. This includes ensuring we
comply with New Zealand’s international human rights
obligations.

“I take this responsibility incredibly
seriously and the Director-General of the GCSB and I wrote
to the Inspector-General specifically on this matter. She
has included our letter in her report (pg. 8)

“The New
Zealand Government has a long-standing and strong opposition
to the use of torture, cruel, inhuman or degrading treatment
or punishment in all cases,” said Ms Kitteridge.

All
cooperation with foreign intelligence agencies must be in
accordance with a Ministerial Policy Statement issued by the
Minister Responsible for the GCSB and NZSIS. This includes
completing human rights assessments of those
countries.

The Department of the Prime Minister and
Cabinet is currently reviewing the Ministerial Policy
Statement for co-operation with foreign intelligence
agencies and the Inspector-General’s useful
recommendations are being considered as part of this
process.

The Minister has recently re-issued
authorisations for co-operation with our Five Eyes partners
based on updated human rights assessments, in response to
the Inspector-General’s recommendations.

“The United
States of America is a valued Five Eyes partner and the
intelligence we receive from American agencies makes a
significant contribution to New Zealand’s national
security,” said Ms Kitteridge.

“New Zealand’s place
in the Five Eyes relationship is supported by an independent
foreign policy where we raise issues whenever necessary,
including with our closest partners,” Ms Kitteridge
said.

The Inspector-General has made comment on
intelligence reporting provided to New Zealand as a result
of the CIA detention and interrogation programme between
2001 and 2009.

The Inspector-General has recommended the
agencies assess and document the provenance of such
information and dispose of material containing such
information. The Inspector-General notes that the agencies
may need to navigate any obligations under the Public
Records Act 2005, and if they cannot dispose of this
material they should seal it. (Recommendation K).

“NZSIS
accepts the Inspector-General’s recommendation and has
responded by identifying relevant reports and making them
inaccessible to staff while we carry out the fuller
assessment and documentation process,” Ms Kitteridge said.
“Once this process is complete a decision can be made
about whether to dispose of or seal the
reports.”

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